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Ask Lane Your Own Question
Category: Social Security
Satisfied Customers: 11603
Experience:  Law Degree, specialization in Tax Law and Corporate Law, CFP and MBA, Providing Financial, Social Security & Tax advice since 1986
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If my ex spouse applied for social security and then

Customer Question

If my ex spouse applied for social security and then suspended it does that mean I cannot collect from his benefits??????
Submitted: 10 months ago.
Category: Social Security
Expert:  Lane replied 10 months ago.

Hi. My name's Lane. I can help here


That depends on your age and whether you suspended before the deadline (Apr 29 of 2016) before the law chaged to elimite the strategy (what Congress called a loophole).


Last fall, the Bipartisan Budget Act of 2015 changed the rules to eliminate two popular Social Security claiming strategies for married couples: File-and-Suspend, and Restricted Application.


Before the law change, one could receive ancillary benefits (spousal, dependent) on a spouses work record when the worker was not receiving benefits. After the new law, one can only receive ancillary benefits when the other spouse is actually receivinug the benefit.


Here's chart the show those that could bave elected before last March. and only thos people were grandfathered. Individuals not turning the cirrect aces that you see on the attached chart never had (will never have) the opportunity.


Here's the chart (attached)


So, (so sorry) likely you cannot UNLESS your are both of a certain age and he suspended, and you filed for the spousal, before apr 29.

Expert:  Lane replied 10 months ago.

Please let me know if you have ANY questions at all.


I hope you’ll rate me (using those stars, or faces on your screen, by clicking submit) based on thoroughness and accuracy, rather than any good news / bad news content. Otherwise I’m working for no crediting at all here.

Thank you!


I have a law degree, (Juris Doctorate), with concentration in Tax Law, Estate law & Corporate law, an MBA, with specialization in financial accounting & tax, a BBA, and CFP & CRPS designations, as well - I’ve been providing financial, Social Security/Medicare, estate, corporate, non-profit, and tax advice, since 1986.